Bought a tshirt and it doesn't fit

vuvuzela

Hi all, before i get into what I suspect might well be an argument with this retailer (yes I should have read the T&Cs and avoided them, but there you go...) :

Bought a tshirt from https://theyorkshirecollective.co.uk/policies/refund-policy (direct link to refund policy)

I checked the size guide, ordered an XL to be baggy https://theyorkshirecollective.co.uk/pages/garment-size-guide to fit 48-50 inch chest.

It turned up and it substantially smaller across the chest - 22 inches across.

I haven't tried it on. I'd like to return it for a swap for either a larger one (if they have any) or a refund. The returns policy says that as they are 'made to order' then they do not have to give refunds.

My question is, if they try to use this 'made to order' as a basis for not refunding, what is the actual legal position of it? There's no customisation.

Thanks for reading.

neilmcl

vuvuzela wrote: »

Hi all, before i get into what I suspect might well be an argument with this retailer (yes I should have read the T&Cs and avoided them, but there you go...) :

Bought a tshirt from https://theyorkshirecollective.co.uk/policies/refund-policy (direct link to refund policy)

I checked the size guide, ordered an XL to be baggy https://theyorkshirecollective.co.uk/pages/garment-size-guide to fit 48-50 inch chest.

It turned up and it substantially smaller across the chest - 22 inches across.

I haven't tried it on. I'd like to return it for a swap for either a larger one (if they have any) or a refund. The returns policy says that as they are 'made to order' then they do not have to give refunds.

My question is, if they try to use this 'made to order' as a basis for not refunding, what is the actual legal position of it? There's no customisation.

Thanks for reading.

Well they quite clearly state "Replacement orders are available if you have received a different item to what you ordered, including incorrect colour, print, size, or if the item is faulty." so what's the issue if you want a bigger size?

Are you sure of your measurements? A 22" width t-shirt would be tiny.

marcarm

Non-refundable for bespoke goods means a change of mind return.

These do not conform to contract, so not a change of mind.

Made to order is not a get out of jail free card anyway, if they are not personalised in any way.

AnnoyedNetflixUser

If it's a MTO product it would normally be excluded, but as you state it is not within their published size guide and their invoice states it should be an XL garment; the garment is not excluded from the Distance Selling Regulations.

I would email the retailer with pictures showing measurements if possible and ask for an exchange.

neilmcl

Maybe you should get together with this guy and do a swap - https://forums.moneysavingexpert.com/discussion/6057055/return-after-28-days

vuvuzela

neilmcl wrote: »

Well they quite clearly state "Replacement orders are available if you have received a different item to what you ordered, including incorrect colour, print, size, or if the item is faulty." so what's the issue if you want a bigger size?

Are you sure of your measurements? A 22" width t-shirt would be tiny.

it's 22" width pit to pit, so 44" around. Which will just fit (I'm tall and broad-chested) , but I was wanting a baggier fit rather than skintight

I'm just asking for a bit of clarity, in case they decide to be funny about it. Their size guide page does also say "Garment sizes are approximate", but to me, that's not a small amount less that I received, it's 2 sizes.

I've asked for a swap for a larger size and will update as and when I receive a response. Thanks for the advice so far, all.

powerful_Rogue

vuvuzela wrote: »

Hi all, before i get into what I suspect might well be an argument with this retailer (yes I should have read the T&Cs and avoided them, but there you go...) :

Bought a tshirt from https://theyorkshirecollective.co.uk/policies/refund-policy (direct link to refund policy)

I checked the size guide, ordered an XL to be baggy https://theyorkshirecollective.co.uk/pages/garment-size-guide to fit 48-50 inch chest.

It turned up and it substantially smaller across the chest - 22 inches across.

I haven't tried it on. I'd like to return it for a swap for either a larger one (if they have any) or a refund. The returns policy says that as they are 'made to order' then they do not have to give refunds.

My question is, if they try to use this 'made to order' as a basis for not refunding, what is the actual legal position of it? There's no customisation.

Thanks for reading.

Don't be that person that goes in all guns blazing looking for an argument.
You catch more flies with honey then you do vinegar.

vuvuzela

powerful_Rogue wrote: »

Don't be that person that goes in all guns blazing looking for an argument.
You catch more flies with honey then you do vinegar.

Oh, I haven't, I've just sent sent a very polite email asking for a swap for a larger one and haven't expressed any concerns about their policies to them yet

I was just wondering on here, in the (hopefully unlikely) event of them saying 'we sent you an XL, deal with it', going by what their returns bit says...

LABMAN

AnnoyedNetflixUser wrote: »

If it's a MTO product it would normally be excluded, but as you state it is not within their published size guide and their invoice states it should be an XL garment; the garment is not excluded from the Distance Selling Regulations.

I would email the retailer with pictures showing measurements if possible and ask for an exchange.

The Distance Selling Regulations no longer apply in UK law. The Consumer Contracts Regulations now apply and have done for years.

The_Rainmaker

Why did you not contact them before coming on a forum?

Send them an email explaining your problem and what resolution you want.

vuvuzela

The_Rainmaker wrote: »

Why did you not contact them before coming on a forum?

Send them an email explaining your problem and what resolution you want.

Because as I said, I was concerned about their position re "made to order" and no refunds and the legality of that, and also the fact that they say "Garment sizes are approximate".

I have sent them a polite email asking for a replacement in a larger size.